2780. Alleged misbranding of Gramer's Sulgly-Minol. U. S. v. Walter W. Gramer.
Plea of not guilty.   Tried to the court.   Defendant discharged and in-
formation dismissed.   (F. D. C. No. 25586.   Sample No. 24582-K.)
INFORMATION FILED :   November 30, 1948, District of Minnesota, against "Walter
W. Gramer, Minneapolis, Minn.
ALLEGED SHIPMENT :   On or about April 16, 1948, from the State of Minnesota
into the State of Wisconsin.
PRODUCT: Analysis disclosed that the product was an orange-red alkaline
aqueous solution containing essentially sulfur, lime, and glycerin.
LABEL, IN PART : "Gramer's Sulgly-Minol * * * Compounded and Developed
by Walter W. Gramer, Minneapolis, Minnesota Distributor Fred J. Fasching
1110 Birch Street   Eau Claire, Wis."
NATURE OF CHARGE : Misbranding, Section 502 (a), certain statements on the label
of the article and in accompanying circulars entitled "Arthritis It's Grip
Broken" and "A Light Should Not Be Hidden" were false and misleading since
the article would not fulfill the promises of benefit stated and implied. The
statements represented and suggested that the article when applied to the soles
of the feet before retiring, would be efficacious in the treatment of muscular
pains; that it would be efficacious in the relief and in the treatment of ar-
thritis ; that it would be efficacious in the treatment of boils, acne, and ailments
of a rheumatic nature; and that it would relieve one from the pains of ar-
thritis and rheumatism and would take the stiffness and soreness out of one's
legs and knees.
DISPOSITION : A plea of not guilty having been entered, the case came on for
trial before the court without a jury. At the conclusion of the testimony, the
court found that the Government had not sustained the burden of proof re-
?See also Nos. 2774-2776, 2779.
quired under the law in proving the allegations of the information; and on
April 6,1949, the case was concluded with the dismissal of the information and
the discharge of the defendant.